Mexico City, January 7, 2022.
On January 5, 2022, the Federal Antitrust Commission ("COFECE") published in the Official Journal of the Federation ("DOF") the initiation of an ex officio investigation for the possible commission of absolute monopolistic practices ("AMP") in the market for the integration, installation, maintenance and commercialization of equipment, accessories and spare parts for the use of industrial gases in Mexico.
The Investigating Authority has indications that anticompetitive agreements may have been entered into. The subject matter of the investigation is a possible agreement with respect to the infrastructure necessary to take advantage of industrial gases used in various sectors, including the energy, health, food and chemical industries, as well as in the construction and production of advanced electronics, among others.
The LDCs are agreements, contracts or arrangements between competitors whose purpose or effect is to manipulate prices, restrict or limit supply or demand, segment markets, coordinate bids in tenders and exchange information with the purpose of any of the above conducts.
PMAs are punishable by fines of up to 10% of the income of each agent involved, as well as imprisonment of up to 10 years and disqualification from holding certain positions for the individuals involved.
In this investigation, COFECE may request information in writing, as well as summon those who participate or have a relationship with the market to testify. According to the Ley Federal de Competencia Económica (Federal Antitrust Law), there is an obligation for the economic agents that are requested to cooperate and submit the requested information to COFECE.
The purpose of the publication of this investigation is to provide any economic agent with an interest in the investigation the opportunity to assist and state what it deems appropriate in relation to the investigated market. Therefore, any person or company that considers that it has an interest in the investigated market will have the opportunity to express it before COFECE.
The lawyers of the Antitrust area of the Firm are at your disposal to answer any questions regarding the content of this document.
A T T E N T A M E N T,
Amilcar Peredo
Fernanda Garza
León Jiménez
Carmina Paredes
cparedes@basham.com.mx
